Carrier's bill of lading includes the following clauses
on its front side:
‘In accepting this bill of lading, any local customs
or privileges to the contrary notwithstanding, the
shipper, consignee and owner of the goods and
the holder of this bill of lading, agree to be bound
by all the stipulations, exceptions and conditions
stated herein whether written, printed, stamped
or incorporated on the front or reverse side hereof,
as fully as if they were all signed by such shipper,
consignee, owner or holder.’
‘In witness whereof three (3) bills of lading, all
of the tenor and date have been signed, one of
which being accomplished, the others to stand void.’
For terms and conditions of Carrier's bill of lading,
as printed on its reverse side, please see Rule 8-010
(B/L Terms 1-15) and Rule 8-020 (B/L Terms 16-34).
1. (Definitions) When used in this Bill of Lading
(A) "Ocean Carrier" means the company named on the reverse
side of this bill of lading, which performs sea carriage of
Goods, and the vessel, her owner, and demise charterer,
whether any of the preceding parties is acting as ocean
carrier, non-vessel operating common carrier, or bailee.
(B) "Inland Carrier" means carriers (other than the
Ocean Carrier) by land, water or air, participating
in combined transport of the Goods, whether acting as
carrier or bailee.
(C) "Combined Transport" means carriage of the Goods
under this Bill of Lading from place of receipt from
merchant to place of delivery to Merchant by the
Ocean Carrier plus one or more Inland Carriers.
(D) "Port-to-Port Transportation" means carriage of
the Goods under this Bill of Lading other than
combined transport.
(E) "Merchant" includes the shipper, consignor,
consignee, owner, and receiver of the Goods and the
holder of this Bill of Lading.
(F) "Goods" means the cargo described on the face of
this Bill of Lading and, if the cargo is packed into
container(s) supplied or furnished by or on behalf of
the Merchant, include the container(s) as well.
(G) "Vessel" includes the vessel named on the face of
this Bill of Lading and any ship, craft, lighter,
barge or other means of transport that is substituted
in whole or in part for that vessel.
(H) "Container" includes any containers (including an
open top container) flat rack, platform, trailer,
transportable tank, pallet or any other device used
for transportation of goods.
(I) "Laden on Board" or similar words endorsed on
this Bill of Lading means that the Goods have been
loaded on board the Vessel or are in the custody of
the Ocean Carrier, and in the event of Combined
Transport if the originating carrier is an Inland
Carrier. "On Board" means that the Goods have been
loaded on board rail cars or other means of Inland
carriage or are in the custody of a participating
railroad or other Inland Carrier.
(J) "Subcontractor" includes stevedores,
longshoremen, lighterers, terminal operators,
warehousemen, truckers, agents, servants, and any
person, firm, corporation or other legal entity which
performs services incidental to the carriage of the
Goods.
(K) "United States" or "U.S." means the United States
of America.
2. (Clause Paramount) (A) Insofar as this Bill of
Lading covers carriage of Goods by water, this Bill of
Lading shall have effect subject to the provisions of the
"Hague Rules", namely the International Conventions for
the Unification of Certain Rules Relating to Bills of
Lading, dated at Brussels, August 25, 1924, as amended
(including, where enacted, the Protocol dated at
Brussels, February 23, 1968, known as the Visby Rules),
as enacted in the country of shipment. When no such
enactment is in force in the country of shipment or is
otherwise compulsorily applicable, the Hague Rules as
enacted in the country of destination shall apply. When
no such enactment is in force in the country of
shipment or in the country of destination, or is
otherwise compulsorily applicable, the terms of the Hague
Rules as enacted by the Convention shall apply.
(B) If this Bill of Lading covers Goods moving to or
from ports of the United States in foreign trade, then
then carriage of such goods shall be subject to the
provisions of the United States Carriage of Goods by
Sea Act, 1936, 46 U.S.C. P1300-1315 as amended
(hereinafter "U.S. COGSA"), the terms of which shall
be incorporated herein. The provisions of U.S. COSGA
shall (except as otherwise specifically provided in
this Bill of Lading) govern throughout the time when
the Goods are in the custody of the Ocean Carrier and
and any other water carrier and as otherwise provided
in this Bill of Lading.
3. (Law and Jurisdiction) Whenever the Carriage of
Goods by Sea Act 1936 (COSGA) of the United States of
America applies, this contract is to be governed by
United States Law. In all other cases actions against
the Carrier may only be instituted in the country where
the Carrier has its principal place of business and
shall be decided according to the law of such country.
4. (Limitation of Liability Statutes) Nothing in this
Bill of Lading shall operate to limit or deprive the
Ocean Carrier of any statutory protection, exemption
from, or limitation of liability authorized by the
applicable laws, statutes, or regulations of any country.
5.(Sub-Contracting: Exemptions and Immunities of Sub-
contractors) (A) The Ocean Carrier shall be entitled to
subcontract on any terms the whole or part of the handling
storage, or carrier of the Goods and all duties whatsoever
undertaken by the Ocean Carrier in relation to the Goods.
(B) Merchant warrants that no claim shall be made against
any subcontractor (as defined in Article 1 (J), or
Subcontractor, of Ocean Carrier, except Inland Carriers
where otherwise appropriate, that imposes or attempts to
impose upon any of them or any vessel owned or operated by
any of them any liability in connection with the Goods,
and, if any such claims should nevertheless be made, to
indemnify the Ocean Carrier against all consequences of
such claims. (C) Without prejudice to the foregoing, it
is expressly agreed that every such Subcontractor (and
Subcontractor's Subcontractor) shall have the benefit of
all provisions in this Bill of Lading for the benefit of
the Ocean Carrier as if such provisions were expressly
for the Subcontractor's benefit. In entering into this
contract the Ocean Carrier, to the extent of those
provisions, does so not only on its own behalf but also on
behalf of such Subcontractors.
6. (Route to Transport) (A) The Goods may, at the Ocean
Carriers absolute discretion, be carried as a single
shipment or as several shipments by the Vessel and/or
any other means of transport by land, water, or air and
by any route whatsoever, whether or not such route is
the direct, advertised, or customary route. (B) The
Vessel shall have liberty to call and/or stay at any
port or place in or out of the direct, advertised, or
customary route, once or more often and in any order,
and/or to omit calling at any port of place whether
scheduled or not. (C) The Vessel shall have liberty,
either with or without the Goods on board and either
before or after proceeding toward the port of discharge
to adjust to compasses and other navigational
instruments, make trial trips or tests, dry dock, go
to repair yards, shift berths, take on fuel or stores,
embark or disembark any person, carry contraband,
explosives, munitions, war-like stores and hazardous
cargo, sail with or without pilots, tow or be towed,
and save or attempt to save life or property. (D) If
the Goods in whole or in part are for any reason not
carried on the Vessel named in this Bill of Lading, or
if loading the Goods is delayed or is likely to detain
the Vessel, the Vessel may proceed without carrying
or loading the Goods in whole or in part, and notice
to merchant of such sailing is hereby waived. Ocean
Carrier may forward the Goods under the terms of this
Bill of Lading on the next available ship or at Ocean
Carrier's option by any other means of transportation,
whether by land, water or air. (E) At Ocean Carrier's
option and without notice to Merchant, another ship
or ships may be substituted for the Vessel named in this
Bill of Lading, whether or not the substitute ship is
owned or operated by Ocean Carrier or arrives or
departs, or is scheduled to arrive or depart, before or
after the Vessel named by this Bill of Lading. (F) Any
action taken by the Ocean Carrier under this Article 6
shall be deemed to be included within the contractual
carriage and such action, or delay resulting therefrom,
shall not be considered a deviation. Should the Ocean
Carrier be held liable in respect of such action, the
Ocean Carrier shall be entitled to the full benefit
of all privileges, rights, and immunities contained
in this Bill of Lading.
7. (Responsibility) (A) Insofar as this Bill of Lading is
used for Port-to-Port Transportation of the Goods,
the Ocean Carrier shall not be responsible for loss of
or damage to the Goods caused before loading or after
discharge "Loading" shall be deemed to commence with
the hooking on the vessel's tackle, or if not using the
vessel's tackle, with the receipt of the Goods on deck
or in the hold of (if the Goods are in bulk liquid) in
the vessel's permanent pipe connections. "Discharge"
shall be deemed to be completed when the Goods have been
unhooked from the vessel's tackle or removed from the
vessel's deck or passed beyond the vessel's deck or
passed beyond the vessel's permanent pipe connections.
(B) Insofar as this Bill of Lading is used for combined
transport of the Goods, the responsibility of the Ocean
Carrier and each Inland Carrier with respect to the
Goods shall be limited to the period when the carrier
has custody of the Goods, and no carrier, either Ocean
or Inland, shall be responsible for any loss or damage
caused while the Goods are not in its custody. Any
claim for loss of or damage to the Goods, including
loss or damages resulting from delay, should be made
against the carrier having custody of the Goods when
the loss or damage or delay was caused. (C) If it is
established by the Merchant that the Ocean Carrier is
responsible for loss of or damage to or in connection
with the Goods, such responsibility, subject to the
provisions of this Bill of Lading, shall be to the
extent following but not further: (1) With respect
to loss or damage caused during the period from the
time when the Goods arrived at the sea terminal at the
port of loading to the time when they left the sea
terminal at the port of discharge, or caused during
any previous or subsequent period of carriage by sea
or waterways, to the extent prescribed by the applicable
Hague Rules as provided in Article 2. (2) Save as
indicated b (1) above, with respect to loss or damage
caused during the handling, storage of the Goods by
Ocean Carrier's Subcontractor, to the extent to which
such Subcontractor would have been liable to the
Merchant if he had made a direct and separate contract
with the Merchant in respect of such handling, storage
or carriage, provided, however, that if the Ocean
Carrier is not authorized under any applicable laws,
rules or regulations to undertake such handling,
storage, or carriage under its own responsibility, the
Ocean Carrier shall only be liable for procuring such
handling, storage or carriage.
If such handling, storage or carriage occurred
in or between points in Europe, or where
otherwise applicable, such responsibility shall be
governed (a) if by road by the Convention on the
Contract for the International Carriage of Goods by
Road, dated 19 May, 1956 (CMR); (b) if by rail, by
the International Convention Concerning the Carriage
of Goods by Rail dated 25 February, 1961 (CIM); (c) if
by air, by the Convention for the Unification of Certain
Rules Relating to International Carriage by Air, signed
Warsaw 12 October, 1929, as amended by the Hague
Protocol dated 28 September, 1955 (Warsaw Convention);
(d) If it is established by the Merchant that an Inland
Carrier is responsible for loss of or damage to or in
connection with the Goods, such responsibility shall
be to the extent, but not further, than the Inland
Carrier would have been liable to the Merchant if he
had made a direct and separate contract with the
Merchant in respect of handling, storage or carriage
of the Goods, as applicable. (e) Notwithstanding
foregoing Article 7 (A) or 7 (B), the Ocean Carrier
does not undertake that the Goods shall arrive at the
port of discharge or place of delivery at any particular
time or in time to meet any particular market or use,
and the Ocean Carrier shall not be responsible for any
direct or indirect loss or damage that is caused
through delay. (f) If this Bill of Lading is used for
Port-to-Port Transportation, the column indicating
final destination on the face of this Bill of Lading is
solely for the purpose of the Merchant's reference, and
the Ocean Carrier's responsibility for the Goods shall
in all cases cease at the time of discharge of the
Goods at the port of discharge.
8. (Liberties) (A) In any situation whatsoever whether or
not existing or anticipated before commencement of or
during the transport, which in the judgement of the
Ocean Carrier (including for the purpose of this
Article the Master and any person charged with the
transport or safekeeping of the Goods) has given or is
likely to give rise to danger, injury, loss, delay, or
disadvantage of whatsoever nature to the Vessel, the
Ocean Carrier, a vehicle, any person, the Goods or any
property, or has rendered or is likely to render it in
any way unsafe, impracticable, unlawful, or against
the interest of the Ocean Carrier or the Merchant to
commence or continue the transport or to discharge the